Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2021 (No. 22)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 4 November 2021

Fiona Louise McSpeerin

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Career transition amendments

Defence Determination 2016/19, Conditions of service

Schedule 2—Pet removal amendments

Defence Determination 2016/19, Conditions of service

Schedule 3—Dependants with special needs amendments

Defence Determination 2016/19, Conditions of service

Schedule 4—Jordan club membership amendments

Defence Determination 2016/19, Conditions of service

Schedule 5—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

Schedule 6—Transitional provisions

 

1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 22).

2  Commencement

This instrument commences 11 November 2021.

3  Authority

This instrument is made under section 58B of the Defence Act 1903.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Career transition amendments

Defence Determination 2016/19, Conditions of service

 

After the subparagraph, insert:

 

Note: Retirement ages are provided under section 24 of the Defence Regulation.

 

After the subparagraph, insert:

 

Note: A member may change their period of service under section 18 of the Defence Regulation.

 

Omit the subsection, substitute:

1.

Subject to subsection 3, a member is eligible on application for career transition training if all of the following apply and the CDF is satisfied that the training is aligned to a post-transition employment career path or meaningful engagement.

 

a.

The application is approved within 24 months of the member’s transition date.

 

b.

The training commences within 24 months of the member’s transition date.

 

After “A member is eligible on application for professional financial advice” insert “within 24 months of the member’s transition date”

 

Omit the subsection, substitute:

1.

This section does not apply to a member of the Reserves, other than a member of the Reserves on continuous full-time service.

 

Schedule 2Pet removal amendments

Defence Determination 2016/19, Conditions of service

 

Omit the section, substitute:

 

This Division provides members with assistance towards the cost of relocating pets in Australia.

 

Omit the heading, substitute:

 

Omit the subsection, substitute:

1.

Subject to section 6.1.23, a member is eligible for the costs of pet relocation from their losing location to their gaining location if the CDF is satisfied that the costs are reasonable having regard to subsection 2.

 

Omit the subsection, substitute:

3.

In this section, pet relocation means the commercial transportation and boarding of a household pet by a service provider who meets all of the following.

 

a.

They have an Australian Business Number.

 

b.

They conduct a business for profit in the transportation or boarding of household pets.

 

c.

They are registered or licenced to carry out the business, as required under relevant State or Territory law.

4.

The benefit provided under subsection 1 may be paid in any of the following circumstances.

 

a.

Before the pet is relocated — if the member provides a quote or invoice from the service provider for the proposed services.

 

b.

After the pet is relocated — by reimbursement if the member provides a receipt for the services provided.

5.

If the benefit is provided before the pet is relocated, all of the following apply.

 

a.

The member must provide a copy of the receipt within 21 days of the benefit being provided.

 

b.

The member must repay the benefit if they do not provide a copy of the receipt within 21 days of the benefit being provided.

 

c.

The member must repay the amount of the benefit not used for the pet relocation of the pet if any of the following apply.

 

 

i.

The pet relocation does not occur.

 

 

ii.

The cost of the pet relocation is less than the benefit provided.

 

Omit the section, substitute.

 

The cost of a pet relocation does not include the costs for any of the following.

 

a.

The purchase of any of the following.

 

 

i.

Equipment or other items used in the transportation or boarding of the pet.

 

 

ii.

Goods or services for the continued use, including pet containers and vaccinations.

 

b.

A pet that is mainly used for economic or business purposes.

 

c.

The costs of non-commercial transport or boarding of the pet.

 

Omit "a reimbursement for".

 

Omit the section, substitute:

1.

Subject to section 6.1.27, a member is eligible for the reasonable cost of the transportation of their animal from the member’s losing location to their gaining location.

2.

The benefit provided under subsection 1 may be paid at any of the following circumstances.

 

a.

Before the animal is removed — if the member provides a quote or invoice from the service provider for the proposed services.

 

b.

After the animal is removed — by reimbursement if the member provides a receipt for the services provided.

3.

If the benefit is provided before the animal is relocated all of the following apply.

 

a.

The member must provide a copy of the receipt within 21 days of the benefit being given to the provided.

 

b.

The member must repay the benefit if they do not provide a copy of the receipt within 21 days of the benefit being provided.

 

c.

The member must repay the amount of the benefit not used for the animal if any of the following apply.

 

 

i.

The removal of the animal does not occur.

 

 

ii.

The cost of the removal of the animal is less than the benefit provided.


Schedule 3Dependants with special needs amendments

Defence Determination 2016/19, Conditions of service

 

After the paragraph, insert:

 

d.

Executive Officer Community Support Programs.

 

Omit the section, substitute:

 

The following definitions apply to this Part.

 

Decision maker means any of the following:

 

a.

Director Community Engagement.

 

b.

Director General Defence Member and Family Support.

 

c.

Executive Officer Community Support Programs.

 

d.

Manager Community Support Programs.

 

Early Intervention Program means a program run by a government organisation, accredited non-government organisation or accredited private provider that provides assistance to promote the development of preschool aged children with special needs.

 

Omit “the Director General Defence Member and Family Support”, substitute “a decision maker”.

 

Omit “The Director General Defence Member and Family Support” wherever occurring, substitute “A decision maker”.

 

Omit “the Director General Defence Member and Family Support”, substitute “a decision maker”.

 

Omit “The Director General Defence Member and Family Support”, substitute “A decision maker”.

 

Omit the subsection.

 

Omit “The Director General Defence Member and Family Support”, substitute “A decision maker”.

 

Omit “The Director General Defence Member and Family Support” wherever occurring, substitute “A decision maker”.

 

Omit “the Director General Defence Member and Family Support”, substitute “a decision maker”.

 


Schedule 4—Jordan club membership amendments

Defence Determination 2016/19, Conditions of service

 

Omit “Fitness First Club”, substitute “Golds Gym”.

Schedule 5Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

 

Omit the table, substitute:

 

This following abbreviations apply in Chapters 1 to 17.

 

ADF means the Australian Defence Force.

 

APS means the Australian Public Service.

 

CDF means the Chief of the Defence Force.

 

DFRDB Act means the he Defence Force Retirement and Death Benefits Act 1973.

 

DFRT means the Defence Force Remuneration Tribunal.

 

MSBS means the Military Superannuation and Benefits Scheme.

 

UK means the United Kingdom.

 

USA means the United States of America.

 

VCDF means the Vice Chief of the Defence Force.

 

Omit “UN”, substitute “United Nations”.

 

Omit “goods and services tax (GST)”, substitute “GST”.

 

Omit the section.

 

Omit the section, substitute:

 

If the trainee's dependant is a member and is also eligible for the trainee's dependant allowance, the rate for each member is one of the following.

 

a.

If the trainee and dependant have the same rate of salary half the difference between their individual rate and the salary of a Private in Pay Grade 1.

 

b.

If the trainee and dependant have different rates of salary half the difference between the lower individual rate and the salary of a Private in Pay Grade 1.

 

Omit “ensure”, substitute “promote”.

 

Omit the subsection, substitute:

3.

An approved person under paragraphs c, d and e is eligible for travel assistance for the daily costs of travel to and from the inquest venue if they live locally.

 

Omit “goods and services tax (GST)”, substitute “GST”.

 

Omit the paragraph, substitute:

 

a.

A member performing duty as one of the following.

 

 

i.

An aide-de-camp, including an aide-de-camp designated by the CDF.

 

 

ii.

An equerry.

 

 

iii.

An escort officer.

 

Before the subsection, insert:

1A.

Paragraph 1.a does not apply to an honorary aide-de-camp or an aide-de-camp to an official of a State or Territory.

 

Omit “UN”, substitute “United Nations”.

 

Omit “(UN)”.

 

Omit “UN” wherever occurring, substitute “United Nations”.

 

Omit “UN” wherever occurring, substitute “United Nations”.

 

Omit “UN” wherever occurring, substitute “United Nations”.

 

Omit “UN” wherever occurring, substitute “United Nations”.

 

Omit “UN”, substitute “United Nations”.

 

Omit “UN”, substitute “United Nations”.

 

Omit “UN” wherever occurring, substitute “United Nations”.

 

Omit “(ATM)”.

 

Omit “US bases” wherever occurring, substitute “USA bases”.

 

Omit “UN”, substitute “United Nations”.

 


Schedule 6—Transitional provisions

 

In this Schedule the following apply.

 

Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.

 

This Schedule applies to a member who meets all of the following between 28 September 2021 and the commencement of this Determination. 

 

a.

They were posted to Jordan.

 

b.

They were eligible for the cost of membership in Jordan under any of the following sections of the Defence Determination.

 

 

i.

Section 15.8.4, Benefits in the member’s location.

 

 

ii.

Section 15.8.5, Additional club membership costs.

1.

A member is eligible for the cost of membership they would have been eligible to under section 15.8.4 and 15.8.5 of the Defence Determination as though Schedule 1 of this Determination had been in force between 28 September 2021 and the commencement of this Determination.

2.

The benefit under subsection 1 is reduced by the amount the member received for the cost of a membership under section 15.8.4 or 15.8.5 of the Defence Determination between
28 September 2021 and the commencement of this Determination which have not been repaid.